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Transposition, Infringements & Court Cases

Transposition of the Postal Directive by Member States

Community rules on the postal sector are based on the Postal Directive. This means that it has to be transposed into national law in each Member State. The Postal Directive (the original one of 1997 – Directive 97/67/EC – the amendments adopted in 2002 – Directive 2002/39/EC – and the amendments adopted in 2008 – 2008/06/ECpdf Choose translations of the previous link ) contains a timetable for transposition. All Member States have transposed Directive 97/67/EC as amended by Directive 2002/39/EC and have now until 31 December 2010 or 31 December 2012 respectively to complete the transposition process. Any failure to do so on time or in an incorrect manner can lead to infringement proceedings.

Member States should inform the Commission of the progress they are making on transposition and all parties will work together to deal with any issue that may arise in this context.

Infringements

Community rules on the postal sector are set out in the Postal Directive. These provide the legal framework within which the sector operates and lay down a series of obligations which Member States have agreed to follow.

It may happen that a Member State does not meet these obligations. For example, a Member State might not incorporate or transpose the Directive into national law on time or simply omit or delay the application of certain provisions. A Member State might for example overlook the need to provide proper procedures to deal with complaints.

The Commission monitors the application of the Directive (Application Reports) and is informed for example, by postal operators, consumer groups and citizens whenever Community rules are not applied or misapplied by national authorities.

When this happens, the Commission may open infringement proceedings against the Member State concerned. These proceedings will focus on the reported incorrect or non application of Community rules. Both the Commission and the Member State concerned work closely together to rectify the situation. Infringement proceedings are generally settled without the need to bring formal proceedings in the European Court of Justice.

Court cases

11.3.2004 Judgment of the European Court of Justice. Case C-240/02- Asociación Profesional de Empresas de Reparto y Manipulado de Correspondencia (Asempre), Asociación Nacional de Empresas de Externalizacíon y Gestión de Envíos y Pequeña Paquetería v Administración General del Estado.